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(영문) 제주지방법원 2018.06.27 2017고단2490
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car with C Lastren in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 30, 2017, the Defendant driven the said car under the influence of alcohol level of 0.114% during blood transfusions on March 30, 2017, while driving the same car at a speed of 0.114%, and, in advance, is proceeding at a speed below the speed, one lane in the direction of the intersection between the private distance on the city park and the street in the city of Jeju.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and since the vehicle driven at the time is at a speed due to the string of the motor vehicle, it has a duty of care to maintain a safety distance and to prevent accidents by accurately manipulating the steering gear and operating the steering gear.

Nevertheless, the Defendant, while driving a vehicle in a situation where normal driving is difficult due to the influence of alcohol, was faced with the back part of the victim D(29) driving EM3 vehicle, which stopped at the front of the vehicle due to negligence, with the front part of the Defendant vehicle.

As a result, the Defendant was at risk driving in a state where normal driving is difficult due to the influence of drinking, and the Defendant suffered injury, such as salt dump, tension, etc., which requires approximately two weeks medical treatment to the above victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a C rocketing car under the influence of alcohol with 0.114% alcohol level during blood at the same time and at the same place as that set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F and G;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual condition (1) (2);

1. Diagnosis certificate D;

1. Application of Acts and subordinate statutes governing accidents;

1. Relevant Articles of the Act and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts, and specific crimes committed during the crime.

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